The Conference of the Parties to the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (the Agreement) is open to Parties to the Agreement. Pursuant to article 1, paragraph 11, of the Agreement, the term “Party” means a State or regional economic integration organization that has consented to be bound by the Agreement and for which the Agreement is in force.
In accordance with article 68, paragraph 2, of the Agreement, for each State or regional economic integration organization that ratifies, approves or accepts the Agreement or accedes thereto after the Agreement has entered into force, namely after 17 January 2026, the Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification, approval, acceptance or accession.
In that regard, for a State or regional economic integration organization to participate in the first meeting of the Conference of the Parties as a Party from the opening of the meeting, on 11 January 2027, the instrument of ratification, approval, acceptance or accession of that State or regional economic integration organization must be deposited with the Secretary-General of the United Nations on or before 12 December 2026.
A State or regional economic integration organization that deposits its instrument of ratification, approval, acceptance or accession after 12 December 2026, but at least 30 days before the conclusion of the first meeting of the Conference of the Parties to the Agreement, on 22 January 2027, may participate in the meeting as a Party from the date of entry into force of the Agreement for that State or regional economic integration organization.
In addition, pursuant to article 48, paragraph 2, of the Agreement, all meetings of the Conference of the Parties shall be open to observers participating in accordance with the rules of procedure of the Conference of the Parties unless otherwise decided by the Conference of the Parties. Article 48, paragraph 4, provides that representatives of States not Party to the Agreement, relevant global, regional, subregional and sectoral bodies, Indigenous Peoples and local communities with relevant traditional knowledge, the scientific community, civil society and other relevant stakeholders with an interest in matters pertaining to the Conference of the Parties may request to participate as observers in the meetings of the Conference of the Parties.
According to article 47, paragraph 4, the Conference of the Parties shall by consensus adopt, at its first meeting, rules of procedure for itself and its subsidiary bodies. That article further foresees that, until such time as the rules of procedure have been adopted, the rules of procedure of the intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction shall apply. In of 24 December 2017, the General Assembly decided that, except as provided for in paragraphs 17 and 19 of that resolution, the rules relating to the procedure and the established practice of the General Assembly shall apply to the procedure of the intergovernmental conference unless otherwise agreed by that conference.
States not party to the Agreement are eligible to participate as observers subject to prior written notification to the Secretariat. Furthermore, in accordance with paragraphs 12, 13, 14 and 15 of General Assembly resolution 72/249, the following organizations or entities that were eligible to participate as observers in the intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction are eligible to participate in the first meeting of the Conference of the Parties to the Agreement:
(a)Organizations and other entities that have received a standing invitation from the General Assembly pursuant to its relevant resolutions to participate, in the capacity of observer, in its sessions and work;
(b)Interested global and regional intergovernmental organizations and other interested international bodies that were invited to participate in any of the following relevant conferences and summits:
(i)The World Summit on Sustainable Development;
(ii)the United Nations Conference on Sustainable Development;
(iii)the previous United Nations conferences on sustainable development of small island developing States, held in Barbados, Mauritius and Samoa;
(iv)the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks;
(v)the Review Conference on the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks;
(vi)the United Nations Conference to Support the Implementation of Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development;
(c)Relevant non-governmental organizations in consultative status with the Economic and Social Council;
(d)Non-governmental organizations that were accredited to any of the following relevant conferences and summits:
(i)The World Summit on Sustainable Development;
(ii)the United Nations Conference on Sustainable Development;
(iii)the previous United Nations conferences on sustainable development of small island developing States, held in Barbados, Mauritius and Samoa;
(iv)the United Nations Conference to Support the Implementation of Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development;
(e)The following associate members of regional commissions: American Samoa, Anguilla, Aruba, Bermuda, the British Virgin Islands, the Cayman Islands, the Commonwealth of the Northern Mariana Islands, Cura?ao, French Polynesia, Guam, Montserrat, New Caledonia, Puerto Rico, Sint Maarten, the Turks and Caicos Islands and the United States Virgin Islands; and
(f)Relevant specialized agencies, as well as other organs, organizations, funds and programmes of the United Nations system.